William Hanson, the first witness called on behalf of the prisoners, said that he was at Huddersfield on the 28th of April, saw Mellor about a quarter of a mile from Huddersfield, going to Longroyd Bridge, about a quarter before seven.

John Womersley, is a clock and watch maker, saw Mellor the evening Mr. Horsfall was shot, at a quarter after six in Huddersfield, at the corner of Cloth-hall street, had a note in his pocket for him, he owing him seven shillings for business done; went with him to Mr. Tavenor's, the White Hart, near the Cloth hall, and stopped in the house about twenty minutes, where he drank with the prisoner, Mellor, and left him there with one William Battersby. Witness then went to the Brown Cow, another public-house, and he had no sooner got in than the news arrived that Mr. Horsfall was shot, and the soldiers were going.

Cross-examined by Mr. Park: Had just time to go to the Brown Cow after he had left the prisoner at Tavenor's, it was about twenty minutes to seven o'clock, the prisoner paid him the seven shillings and he could produce the note; had no particular acquaintance with him, but had done work for his father for many years. From Longroyd Bridge to Huddersfield is about a quarter of a mile.

Re-examined: Crossland Moor is more than twice as far from Huddersfield as Longroyd Bridge.

William Battersby, the next witness, lived then at Taylor Hill; was at Huddersfield on the 28th of April; and recollects that evening by being at Tavenor's, saw George Mellor and Jonathan Womersley, and drank with them; they had two pints of ale, and Jonathan Womersley left him in company with George Mellor, they were at this inn half-an-hour. At the end of that time they heard of Mr. Horsfall being shot for the first time. They came out and he parted with Mellor at the door.

John Thorpe, lives at Castle street, Huddersfield; has known Mellor sixteen or seventeen years; saw Mellor in Huddersfield, near the George Inn, on the evening Horsfall was shot, at ten minutes before six, witness had a watch he wanted to sell him, and stopped with him two or three minutes: he asked him if he would buy his watch, and produced it, when it appeared to be the time mentioned.

Cross-examined by Mr. Topping: Does not know what street in Huddersfield the George Inn is in; says it wanted just ten minutes to six by his watch; Mellor examined the inside, and asked him the price of the watch; witness valued it at £3 13s. but he did not buy it. Jonathan Battersby, a shoemaker, remembers the evening Mr. Horsfall was shot; he saw Mr. Horsfall that evening in his father's yard; he was on horseback, and went in the direction homeward; it was between five and six o'clock; he went into his own house, stopped till he got his tea, and then put on his coat and went up the street, this was about twenty minutes after he had seen Mr. Horsfall ride up. He saw Mellor in the New street, and conversed with him a minute or two. It was not quite six o'clock when we parted with the prisoner at the bar, he then went home, and heard of the shooting of Mr. Horsfall as soon as he got home.

George Armitage, blacksmith, living at Lockwood, knows where Joseph Mellor lives, his house is between the Dungeon and Huddersfield, saw George Mellor come past between five and six o'clock, they go to their drinking sometimes at five, and sometimes at half-past. That evening he had been detained by a job till after five o'clock; had some conversation with the prisoner; observed that he was coming from the bar, and going towards Huddersfield. He said he was coming from Joseph Mellor's.

Cross-examined by Mr. Park: Mellor said he had been at Joseph Mellor's, with a man that wanted work.

Joseph Armitage, saw Mr. Horsfall at his shop door, going towards Huddersfield from Lockwood Bar, saw his brother talking with George Mellor at drinking time, between five and six o'clock. Charles Ratcliffe, cloth dresser, of Huddersfield, was at Mr. Fisher's, of Longroyd Bridge, on the afternoon of the day of Mr. Horsfall's murder, seeking work; was in the raising shop at halfpast five; knows Thorpe, and saw him raising a blue coat piece in that room; he conversed with him for a quarter of an hour or upwards; left him there, and there was a young woman fetching water in a can, out of the raising shop. He returned to Huddersfield, where he arrived twenty minutes after six, by the Cloth Hall clock; about half-an-hour after he heard of Mr. Horsfall being shot at. Cross-examined by Mr. Topping: He was in search of work, did not see Mr. Fisher; Thorpe was the only man he saw, or conversed with there.

Frances Midwood, of Longroyd Bridge, keeps her father's house, and says that on the 28th of April, as their usual practice is, they drank tea about half-past four o'clock. The next day was their washing day, and they got water from Mr. Fisher's shop. About five o'clock, just after tea, she went with a can to fetch water from that shop. The first time she went there was nobody in the shop; it requires about ten minutes to go, and she returned immediately, and then saw William Thorpe. He asked her if she was fetching water, and she said "Yes." Went the third time, some other person was with him. She continued fetching water for some time, but desisted on hearing of Mr. Horsfall's murder; heard of it between six and seven o'clock, but does not know exactly what time. Saw W. Thorpe every time she went for water except the first. One of the times she saw Abraham Pilling, a shoemaker, who was bringing her a pair of new shoes. He followed her into the raising shop and she left with Thorpe.

Cross-examined by Mr. Park: She does know how long it takes to go from Joseph Mellor's to Fisher's, nor does she recollect when she was first asked at what hour they drank tea on the 28th of April; it was not within these few days. When she was asked it was in the presence of Mr. Blackburn, the prisoner's attorney. A person fetched her to Mr. Blackburn's, but that person did not put the question to her; she first told them soon after the prisoners came to York, but she cannot recollect the exact time.

Abraham Pilling, shoemaker, made the last witness's shoes and

delivered them on the night the murder was committed; he took them from Huddersfield to her father's, and he saw her crossing the road with a can in her hand. He followed her to the door which goes into the raising house; found Fanny Midwood and William Thorpe there, she was lading water out of a cistern with a can. He waited till she had done. It was a quarter to six when he set off from home, and his house is a mile from Longroyd Bridge. She asked the price of the shoes, and went and fetched a guinea note belonging to Ingham's bank. He stopped in the place, and had some discourse with Thorpe. He continued in the place about half-an-hour, when he set out for the Marsh, which is nearly another mile on the Lindley road, but when he came out of the raising shop and had just got into the lane, he was told that Mr. Horsfall was shot.

John Bower, a boy, about seventeen, apprentice to Mr. Wood, of Longroyd Bridge, examined by Mr. Williams, said.--Mellor superintends the work for Mr Wood; recollects the day Mr. Horsfall was shot at; saw Mellor that day in the afternoon; they were pressing. The press was to harden and Mellor assisted at hardening the press; there were Thomas Smith, Benjamin Walker, James Varley, and John Walker; it was near seven o'clock; is quite sure Benjamin Walker and Smith were present at the hardening of the press; Smith, the prisoner, was an apprentice. William Hall and he slept in the same room.

William Hall says: Widow Hartley brought the news about seven o'clock, it was a particularly busy day, and they did not go to drinking till six o'clock, and soon after they heard that Mr. Horsfall was shot.

William Hirst, of Longroyd Bridge, has lodged at Mr. Wood's some years? Remembers Benjamin Walker, remembers the time when Mr. Horsfall was shot, there was noise enough about that; when he first heard of it, he said to Benjamin Walker, "Horsfall is shot!" and Walker replied, "That is too good news to be true." It was objected by the Counsel for the Crown, that what Walker said was not evidence, and ought not to be received, and in that objection his Lordship concurred. William Hirst, in continuation, said he had been at Huddersfield that day, and left it about twenty minutes before seven o'clock.

Cross-examined by Mr. Topping: He was no relation to any of the prisoners; his son is a merchant in Huddersfield, and employs Mr. Wood as well as many other people. On being asked what he meant by saying that there was noise enough about the murder of Mr. Horsfall, he said all he meant was, that it was a very bad thing, and produced a great outcry.

Joseph Rushworth, the last witness called, said he lived at the bottom of Cowcliffe, that he knows William Hall, who has been examined here to-day, remembers being before Mr. Ratcliffe on the 12th of October; Hall was coming to Mr. Radcliffe's when he saw him, but had no conversation with him after he had been before the Magistrate.

EXECUTION OF MELLOR, THORPE, AND SMITH.
"Let no one trust the first false step

Of guilt, it hangs upon a precipice

Whose steep descent in sure perdition ends.-YOUNG.

The witnesses now having all been examined, Mr. Justice Le Blanc proceeded to sum up and in doing so recapitulated the whole of the evidence. He went through that for the defence with special minuteness and pointed out the conflicting statements made with respect to the time the various witnesses asserted they saw the prisoners, concluding his long address as follows:-"This, gentlemen, is the evidence produced on the part of the prisoners; evidence of different persons coming in at different times, for the purpose of shewing that, at points of time on that evening which they fix, they saw either all the prisoners, or some of them, in situations not consistent with the time allotted by the account given by the other witnesses for this transaction. When you see the point of time at which it took place, and the nearness of all the different spots where they were to the place in question, perhaps it is not so surprising that there should at such a distance of time, be so much variance in the account given by different witnesses, as to the periods of the day, as there appears to be upon the present occasion. Even supposing the witnesses to come under no improper bias or influence in what they are saying, they are speaking of a transaction, which not only took place a long time ago, but was not imputed to the prisoners at the bar till a considerable time after it had taken place. For this happened in the month of April, and it does not appear that enquiry was made before the magistrate, or any of these persons committed, till the month of October. Nothing happened immediately after the transaction, to lead these persons particularly to watch, so as to be accurate in the hour or time on the particular evening, when they saw these persons at a particular place; and then we know how apt persons are to be mistaken, even when care is taken in point

time. However, gentlemen, it is for you to compare the evidence. The evidence on the part of the prosecution rests, not on the testimony of Benjamin Walker only, but of several other workmen in this manufactory, who are not accomplices in this (transaction, though they appear to have had a knowledge of it, which I cannot say is not to a certain degree guilty. For I cannot hold them innocent in knowing of such a transaction going on, and treating it so lightly as to give no information respecting it, and to keep it concealed longer than while there was an immediate impression of fear of personal danger to themselves. But, independently of this, you have evidence of that which appears to me to be the strongest part of the case, and requires the most explanation, but which has not been explained, and which applies particularly to the prisoner Mellor, and to Thorpe, if you are satisfied he was with Mellor : I mean the transaction which took place at Joseph Mellor's house at Dungeon Wood, and which goes to contradict, in point of time, the evidence given by the different witnesses on the part of the defendants. The enquiry is a serious one, not only as regards the prisoners themselves, but as regards the public peace and security. You, who have heard the evidence, will lay the facts together in your minds, and will do justice between the country and the prisoners."

THE VERDICT.

The jury retired at half-past seven, and returned at five minutes before eight, finding

GEORGE MELLOR, GUILTY.

WILLIAM THORPE, GUILTY.

THOMAS SMITH, GUILTY.

The prisoners being severally asked in the usual manner, by the Clerk of Arraigns, if they had anything to say, why sentence of death should not be pronounced upon them, answered :

Mellor." I have nothing to say, only I am not guilty."

Thorpe.-"I am not guilty, sir; evidence has been given false against me: that I declare."

Smith.-"Not guilty, sir."

THE SENTENCE.

Mr. Justice Le Blanc immediately passed sentence of death upon them in the following words:

You, the several prisoners at the bar, have been tried and convicted of wilful and deliberate murder-under all circumstances an offence of the deepest malignity, but under the circumstances which have appeared in this case in particular, as far as one crime of the same denomination can be distinguished from another, this may be pronounced a crime of the blackest dye. In other cases, the court has been able to discover something which might work upon the passions of mankind, and induce them to commit an act, at which, in their cooler moments, their minds would have revolted, but, in the present case, the crime was committed against a man, who